Eby ex rel. Eby v. Newcombe

BAKES, Chief Justice.

Plaintiffs sued Dr. Newcombe alleging medical malpractice in his diagnosis and handling of plaintiff Jeremy Eby’s ailments. The trial court granted defendant’s motion for summary judgment finding that the defendant was immune from civil liability under I.C. § 39-1391c. Plaintiffs appeal. We reverse.

I

In early August of 1984, three-year-old Jeremy Eby (Jeremy) became ill and was suffering from vomiting and diarrhea. On *839August 5, 1984, he showed some improvement; nevertheless, the next day he was taken from his home in Bonners Ferry to his pediatrician, Dr. Piston, in Coeur…